Alcohol & Drugs: MIP, MIC, Intoxication 2nd underage arrest

[Cheecha22]

Last weekend I had a sober friend pick me up from a party because i was to intoxicated to drive. While on our way to my house we were pulled over and the cops had her get out to take a sobriety test because they could smell alcohol and seen a case of beer in the back seat. They let the case of beer go since there was a 21 yr. old male in the car. The driver then passed the sobriety test and the cops said we were free to go after they checked all the passegers out to make sure they had no warrants out for them. Then after checking all the ID's they came back to the car asked me to get out and gave me a sobriety test and arrested me for an underage. When we got to the jail they told me it was time to take a breathelyzer test. I then refused the test because i knew i would blow over a .2 and my fines would be doubled and they were already going to be doubled because it was my second underage within a year. After i refused to take the test the cops told me i had to take the test i didnt have a choice because it was an underage not a DUI. I then tried to explain to them that i had the right to take the test the last time i was arrested and then they told me if i didnt take the test i was not allowed to leave. So then i took the test and blew a .22. I was just wondering if making me take the test is illegal even though it was for an underage and not a DUI. I go to court wedesday morning so if anyone has any quick information please email me at guerraa2@findlay.edu Because i need to know whether or not i should get a lawyer to fight this and if there would even be a point in doing so. Thank You! Also, do they have to read me my miranda rights?

 

[Michael Wechsler]

Last weekend I had a sober friend pick me up from a party because i was to intoxicated to drive. While on our way to my house we were pulled over and the cops had her get out to take a sobriety test because they could smell alcohol and seen a case of beer in the back seat. They let the case of beer go since there was a 21 yr. old male in the car. The driver then passed the sobriety test and the cops said we were free to go after they checked all the passegers out to make sure they had no warrants out for them. Then after checking all the ID's they came back to the car asked me to get out and gave me a sobriety test and arrested me for an underage. When we got to the jail they told me it was time to take a breathelyzer test. I then refused the test because i knew i would blow over a .2 and my fines would be doubled and they were already going to be doubled because it was my second underage within a year. After i refused to take the test the cops told me i had to take the test i didnt have a choice because it was an underage not a DUI. I then tried to explain to them that i had the right to take the test the last time i was arrested and then they told me if i didnt take the test i was not allowed to leave. So then i took the test and blew a .22. I was just wondering if making me take the test is illegal even though it was for an underage and not a DUI. I go to court wedesday morning so if anyone has any quick information please email me at guerraa2@findlay.edu Because i need to know whether or not i should get a lawyer to fight this and if there would even be a point in doing so. Thank You! Also, do they have to read me my miranda rights?

I don't know what jurisdiction you are in. First, I hope you had good luck in court. Second, reading your Miranda rights should not affect the minor in consumption if you were visibly intoxicated. It may make the test inadmissible. I am aware that at least in Michigan there is/was a statue in effect that minors must take a breathalyzer test without arrest. Some courts struck this statute down from what I heard. I hope things trned out well and let us know what happened.